Refugee & Humanitarian Visas | Immigration lawyers Brisbane
Australia has specific visas available to people seeking asylum under the United Nations 1951 Convention and 1967 Protocol relating to the Status of Refugees (the Refugees Convention). The Convention defines a refugee as someone who:
“…owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.”
If you are in Australia
If you are in Australia, you may seek asylum by applying for a Protection Visa.
Protection Visas are granted to asylum seekers who meet the definition of a ‘refugee’ under the Refugees Convention and associated Australian laws, and who meet the relevant health, character and security requirements.
The Federal Government has recently abolished the Temporary Protection Visa. Now, all first time applicants for a protection visa are assessed against the requirements for a Permanent Protection Visa.
If you hold a Temporary Protection Visa, you may be eligible for permanent residence through an application for a Resolution of Status visa. Please contact us if you are in this situation.
A refusal of a Protection Visa may be reviewed at the Refugee Review Tribunal.
If you are outside of Australia
Individuals outside their home country, or in some instances inside their home country, and subject to persecution, or in some cases substantial discrimination, may be eligible for one of the Offshore Humanitarian Visas. Humanitarian Visas can lead to temporary or permanent residency depending on the individual’s circumstances and the particular visa applied for. Applicants for one of the Humanitarian Visas must also show that:
they are registered with you are registered with United Nations High Commissioner for Refugees (‘UNHCR’), or another refugee organization;
they have been, or are currently subject to persecution;
if outside their home country, they did not stay more than 7 days in any country in which they could have claimed protection;
they fit within a priority group which is assessed on the basis of :
the immanence of the threat faced by an individual;
whether there has been a UNHCR referral made;
whether an individual has family ties in Australia
whether an individual has been proposed for a Humanitarian visa by an Australian family member, friend or Australian organisation; and
the skills the individual possess.
there are “compelling reasons” for the grant and it is the “appropriate course” based on:
the degree of persecution suffered
ties to Australia
whether there are options for resettlement in another country
whether you have close ties (e.g., familial ties, or resettlements options) to another country
they meet health and character requirements.
In addition, if you obtained Australian permanent residence, or citizenship as a permanent Offshore Humanitarian Visa holder, and you declared family members on your visa application form, who did not migrate with you and remain at risk, you may be able to propose those family members for an Offshore Humanitarian Visa. In addition, members of your immediate family (parents, children, spouse) whom you declared on your application, will be able to rely on your claims of persecution.
Please note that you cannot seek review of a decision to refuse the grant of an Offshore Humanitarian Visa.